Federal Housing Programs?

What are The federal government finances the Public Housing must also meet federal Federal Housing Programs? housing and subsidizes rent through a In voucher programs, rent may be higher building standards, which may be more Federal Housing Programs are designed to housing authority, agency, or the housing than these amounts, but usually not more strict than under Idaho’s law. create safe, sanitary, and affordable complex. than 40% of income. housing to lower income Americans. There Government agencies set the rent, If you are unsuccessful in getting needed are several types of Programs: If you think your rent was calculated repairs done after notifying the landlord, and approve all rent increases and leases. HUD (Department of Housing and Urban incorrectly, talk to an attorney. talk to the housing authority/agency How much is Rent? and an attorney. Development Programs): Can my landlord raise my rent? Section 8 vouchers Federal Housing Programs charge Fair Section 8 Project Based Market Rent. “Fair Market Rent” is set by Usually, tenants have a right to be notified Supportive Housing Programs the government as the maximum that a in advance of a proposed rent increase and What can I do if I’m denied landlord or housing authority/agency can Subsidized Public Housing can object or comment about the increase admission to a Federal Housing charge a tenant. through the local housing authority or Program or denied a subsidy? Rural Housing (formerly Farm Home) agency (such as HUD or Rural Section 42 (low income tax credit) Can I get help paying my rent? Development). If you are having trouble gaining admission Rent increases are subject to approval to a Federal Housing Program or getting a Look at your lease to find out which Tenants in certain federal housing rent subsidy, you have a right to know the by the government agency and must be reason why in writing. program applies to you. programs receive a subsidy to help pay justified in writing by the landlord or Fair Market Rent. The government may housing authority. If you have questions about why you were Under most pay all or part of the rent to the landlord. Federal Housing Programs: denied admission to a program or denied a If you have questions about whether a rent subsidy, talk to an attorney. Rent subsidies are available in HUD rent increase is justified, talk to an attorney. Admission must not be discriminatory. 30% of the 10% the amount the Can my Subsidy be Terminated? family’shousing, adjusted conventionalof thehousing programs,family receives Can I complain Housing must meet basic habitability monthlyand in incomeRural Housing,family’s but subsidiesfrom maya shelter & if my housing needs repairs? In some programs (especially the Section 8 (annualnot be income available in allgross programsutility or projects. allowance standards. minus monthly program like voucher program), a tenant may have a All tenants have rights granted under right to contest the termination of a subsidy, Tenants can only be evicted for good deductions Usually,) whenincome there is a subsidy,TAFI (Temporary a Assistance to Idaho’s Landlord/Tenant laws and can in addition to the right to contest eviction. demand that a landlord make certain cause and by certain rules. tenantOR pays for rent plusOR utilities, butFamilies no in needed repairs. Tenants may have protections and more than the highest of: Idaho) Sometimes the tenant can simply transfer See Idaho Legal Aid brochure: Repairs the subsidy to another landlord. If the rights that tenants in private housing may housing authority gives notice to the tenant not have. For example, tenants may file In addition, Federal Housing Program of its intent to terminate a subsidy, the grievances with the government agency. tenant may have a right to a hearing Housing is for low income tenants. Tenants may have grievance rights: they before the housing authority. can complain about needed repairs to the Tenants must usually verify changes in housing authority or government agency. If it seems like your subsidy may be income or resources in writing. terminated, talk to an attorney immediately. Because the Section 8 voucher program After the 30 days (or three days) notice, the program and cannot terminate your Local Offices channels government money to private lease just because of the foreclosure. the landlord can start a legal process called Idaho Domestic Violence Legal Hotline landlords, many Section 8 voucher tenants “unlawful detainer” to evict the tenant and 1-877-500-2980 do not live in government-run housing Make sure that the new owner knows get possession of the premises. TTY (Deaf and Hearing Impaired) projects. If you have a Section 8 voucher, Usually, the landlord will have to prove your rights under the PTFA. As soon as you may want to just transfer your subsidy 1-800-245-7573 “good cause” at court. you know who the new owner is (the to another landlord rather than continue County Recorder can help you find the new Idaho Rental Assistance & Properties: renting from your current landlord. See Idaho Legal Aid brochure: Landlord & Tenant Rights and owner’s name after the Trustee’s Sale), 1-877-428-8844 Responsibilities send the new owner a letter (you can use a www.housingidaho.com Every Federal Housing Program also “Notice of Tenancy”* form) informing them Looking for more information? that you know your rights under the PTFA. *See Idaho Legal Aid brochure: Visit www.idaholegalaid.org to find more Can I be evicted from a has its own procedural rights for tenants free forms and information for renters. facing eviction. In some programs, tenants Advice for Idaho Renters in Foreclosure Federal Housing Program? Find the Idaho Attorney General’s manual, In most situations, tenants can only be have additional rights, such as: More time in an eviction notice. If you get a notice Landlord and Tenant Guidelines, at evicted for “good cause.” Usually, that asking you to leave your house, http://www.ag.idaho.gov means a major lease violation, like non- Right to comment or have a grievance talk to an attorney immediately. payment of rent, or even repeated minor hearing before an eviction suit. Idaho Legal Aid Services Revised 2/11 lease violations, such as many loud parties. Local Offices Advice for Idaho Renters: Talk to an attorney about your particular Illegal drug use is not tolerated in federal program’s protections. Boise ...... 345-0106 housing and is grounds for eviction and If you are served with an eviction notice, 310 N. 5th St. termination of a rent subsidy. Criminal complaint, summons, or other court Caldwell ...... 454-2591 behavior that threatens others’ safety will document, talk to attorney immediately. 1104 Blaine St. also lead to eviction and loss of subsidy. Federal Housing Programs Coeur d’Alene ...... 667-9559 What if my landlord’s property is 410 Sherman Ave., #303 If you are threatened with eviction from a Read this handout to understand: Federal Housing Program, talk to an sold in a foreclosure sale? Idaho Falls ...... 524-3660 What are a tenant’s rights and attorney. You have rights under the Protecting 482 Constitution Way, # 101 Tenants at Foreclosure Act (“PTFA”). Lewiston ...... 743-1556 duties in Federal Housing What is the eviction process like? Until 2013, this federal law gives you 633 Main St., # 103 Programs? Do I have any protections? certain rights as a tenant if your rental Pocatello ...... 233-0079 Can I get help to pay my rent? At the very least, the landlord or housing property is foreclosed upon. If your 150 S. Arthur Ave., # 203 authority must comply with Idaho’s landlord defaults on a home loan, the house Landlord/Tenant laws. For example: may be sold to a new owner. The new Twin Falls ...... 734-7024 What if my landlord is trying to Eviction notices must be in writing. owner may try to evict you or tell you that 475 Polk St., # 4 evict me or I might lose my subsidy? you have to leave. Statewide Hotlines Usually, landlords must give 30 days What are my rights as a tenant? written notice. If you are in the Section 8 Housing Idaho Senior Legal Hotline Landlords can give three days written 1-866-345-0106 Choice Voucher Program, the new owner (en español 1-866-954-2591) notice if the tenant has not paid rent. must keep your rental assistance through Tenants in Federal Housing Programs have special rights and responsibilities under Idaho and Federal law. The laws affecting Federal Housing Programs change very frequently and it’s important to talk to an attorney if you have a housing problem.

The advice in this handout is very general and there might be special factors in your case. If you have legal questions, contact an attorney. If you cannot afford an attorney, contact the Idaho Legal Aid Services office nearest you using one of the phone numbers on the back of this handout. Also, visit us on the web at: www.idaholegalaid.org